358.280. Partner's interest subject to charging order. - Missouri Statutes

Partner's interest subject to charging order.

358.280. 1. On due application to a competent court by anyjudgment creditor of a partner, the court which entered thejudgment, order, or decree, or any other court, may charge theinterest of the debtor partner with payment of the unsatisfiedamount of such judgment debt with interest thereon; and may thenor later appoint a receiver of his share of the profits, and ofany other money due or to fall due to him in respect of thepartnership, and make all other orders, directions, accounts andinquiries which the debtor partner might have made, or which thecircumstances of the case may require.

2. The interest charged may be redeemed at any time beforeforeclosure, or in case of a sale being directed by the court maybe purchased without thereby causing a dissolution

(1) With separate property, by any one or more of thepartners; or

(2) With partnership property, by any one or more of thepartners with the consent of all the partners whose interests arenot so charged or sold.

3. Nothing in this chapter shall be held to deprive apartner of his right, if any, under the exemption laws, asregards his interest in the partnership.

(L. 1949 p. 506 § 28)

(1988) Under the Uniform Partnership Law, the proper method to "seize" the interest of an individual partner in a partnership is to apply to the court for a charging order. Partnership funds are not property held in the form of joint interest, under section 454.528, RSMo (Mo.App.E.D.) Wills v. Wills, 750 S.W.2d 567.